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1. The petitioner is a prominent leader of the Congress party in India. He was twice Chief Minister of the State of Madhya Pradesh. For some period, he was Governor of the State of Punjab. He is presently a cabinet minister in the Central Cabinet.

2. The petitioner by this petition under Article 226 of the Constitution of India seeks quashing of the notification published in the Madhya Pradesh Rajpatra dated 29-3-1990, whereby the scope of enquiry pending before Hon'ble Shri Justice S. T. Ramalingam, Judge of the Madras High Court has been enlarged by adding three more terms of reference for enquiry by him.

5. It would also be necessary to mention a few relevant facts at this stage. The petitioner Shri Arjun Singh was elected as the Chief Minister of the State in June 1980, being a member of the Vidhan Sabha from Churhat constituency. He completed his full term and thereafter was again elected as Chief Minister and continued in that capacity up to 12-3-1985 when he was appointed Governor of Punjab. After a brief period as Governor of Punjab, he became a Cabinet Minister in the Central Cabinet and returned to the State of Madhya Pradesh as Chief Minister on 14-2-1988. Shri Motilal Vora was Chief Minister of Madhya Pradesh between 13-3-1985 to 13-2-1988. As has already been mentioned above, Shri Arjun Singh became Chief Minister from 14-2-1988 and as a result of the decision of the Division Bench in the case of Churhat Lottery in January 1989, he stepped down from the office of the Chief Minister by tendering his resignation. The then Ministry of the Congress party in the Madhya Pradesh State Assembly headed by Shri Motilal Vora as Chief Minister, in order to implement those directions of the High Court, by three notifications published on 24-2-1981 in M. P. Rajpatra appointed Hon'ble Shri Justice S. T. Ramalingam, Judge of Madras High Court to enquire into various affairs of Churhat Children Welfare Society and the lottery organised by it. The three notifications on the subject, cumulatively marked as Annexure-A/5 with the petition are included at pages 50 to 53 of the paper book. It is to be noticed here that the original terms of reference made to Hon'ble Shri S. T. Ramalingam for enquiry by the then Congress Government in the State with Shri Motilal Vora as Chief Minister, contained the following terms of reference as notified. The same are reproduced below verbitim :

R. C. SHRIVASTAVA, Secy."

6. One more important fact to be noticed is that a separate notification was issued on 24-2-1989 in terms of Section 11 of the Commissions of Inquiry Act, 1952, which reads as under :-

"Bhopal, the 24th February 1989 No. F. 1-3-98-I(i) E.C...... Whereas by Government of Madhya Pradesh Resolution dated the 24th Feb., 1989 and Notification No. F l-3-89-I(i) E.C. dated the 24th February 1989 an independent high power agency presided over by Shri S. T. Ramalingam, Judge of the Madras High Court has been appointed to hold an inquiry into affairs of Churhat Children's Society which is a definite matter of public importance.
4. And whereas on the cumulative effect thereof, the Hon'ble High Court was pleased to direct that an enquiry be made by an independent High Power Agency into the affairs of Churhat Society and how the shares of its profits derived from the draws have been utilised and to take such action as may be required under the law against Churhat Society and its organising agent;
5. And whereas the State Government thereafter appointed an independent High power Agency presided over by Shri Justice S.T. Ramalingam, Judge of the Madras High Court and referred certain terms of reference to the said agency for enquiry which do not cover within their ambit all the matters as per the true intent- and spirit of the High Court's order.